LAW00001 - Foundation Law, The Role of Criminal Law In Society And The Rights And Obligations of The Individual -Law Assignment Help

Assignment Task

Sudents who successfully complete this task should be able to:
1. Analyse the role of criminal law in society and the rights and obligations of the individual.
2. Analyse an individual’s civil rights and responsibilities and the avenues available to  redress problems, including identifying the essential elements of Tort Law, and the individual remedies available there under.
3. Identify the essential elements of a simple contract and the remedies available for the breach of contractual rights.

FACTS
Walter is a burglar and he robs private homes. That day, he enters into Helena's homeand grabs her expensive jewellery that is worth $1m. He hears someone entering thehouse and, in a panic, rushes downstairs to exit through the front door. In his hurry, heaccidently pushes Helena to the ground. She hits her head on ground and requiresanurgent operation to remove the blood clot that has formed in her skull. She sustains severe brain damage and requires 24-hour care. She wishes to make a negligenceclaim against Walter.
Thanks to CCTV cameras, Walter has been arrested and has been charged with thef under s72. The relevant sections are listed below:

PART I - CRIMINAL LAW
1. Before which Court will this matter be heard?
As part of your answer you must identify (you must provide an explanation for your
choice) if it is:
(a) indictable offence
(b) indictable offence heard summarily
(c) summary offence.

2. When the police searched Walter's premises, they found Helena's jewellery and an image of him is captured on Helena's home surveillance. Should Walter plead guilty or not guilty? You must provide a reason for your answer.
3. Depending on your answer to question 2, what is the court procedure that is to be followed in relation to Walter's criminal trial. You may use a diagram when answering
this question.

PART II - CIVIL LAW
1. Who has the burden of proof? 
 What is the standard of proof? 
2. Given her medical condition, Helena is unable to bring an action against Walter.  Who would bring the action on her behalf? Who would look after any money she receives? 
3. Which is better, for the case to be heard by a judge, or by a judge and jury?
You must explain why.

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